Meta, TikTok in trouble? New York judge allows lawsuit over teen's ‘subway surfing' death
Justice Paul Goetz of the New York State Supreme Court said that Norma Nazario could proceed with her claim that the social media giants played an active role in her son Zackery's death by exposing him to harmful content and fostering an addiction to their platforms.
Zackery Nazario was killed in February 2023 after he and his girlfriend climbed atop a moving Brooklyn-bound J train as it crossed the Williamsburg Bridge. A low beam reportedly struck the teenager, causing him to fall between two subway cars, where he was fatally run over.
Zackery's mother later discovered multiple videos related to subway surfing on Zackery's Instagram and TikTok accounts. In her lawsuit, she alleges that her son had become 'addicted' to these platforms, where content promoting dangerous stunts was regularly shown to him.
According to court documents, the companies had argued that they were shielded from liability by Section 230 of the U.S. Communications Decency Act — which protects online platforms from responsibility for user-generated content — as well as by the First Amendment's guarantee of free speech.
But Justice Goetz disagreed, stating that Nazario had offered plausible grounds to claim that the platforms had moved beyond merely hosting content.
'Based on the allegations in the complaint,' he wrote, 'it is plausible that the social media defendants' role exceeded that of neutral assistance in promoting content, and constituted active identification of users who would be most impacted.'
He added that it was arguable the algorithms specifically targeted Zackery due to his age and vulnerability, thereby allowing claims of wrongful death, negligence and product liability to move forward.
The judge, however, dismissed Nazario's claim against New York's Metropolitan Transportation Authority (MTA), concluding that 'common sense and the realities of life in this city' should have made the dangers of subway surfing obvious.
Meta and ByteDance described the teen's death as 'heartbreaking' but declined to comment further. Neither company's legal representatives nor Nazario's lawyers responded immediately to press enquiries. The MTA has not yet issued a public statement.
Zackery's case adds to a growing number of legal challenges facing social media firms. Meta, ByteDance, and Snapchat parent Snap Inc. are already battling thousands of lawsuits alleging that their products are deliberately designed to be addictive and harmful to young users.
According to police figures, at least six people died in subway surfing incidents across New York City in 2024 alone.
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